Appellate Division: Second Judicial Department

M138534

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2011-06914 Chana Taub, appellant, v Simon Taub, respondent. (Index No. 26534/07)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, for leave to discharge retained counsel, withdraw the brief filed by retained counsel on her behalf, and file a replacement brief on an appeal from a judgment of the Supreme Court, Kings County, dated July 27, 2011. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is, in effect, for leave to discharge retained counsel is denied as unnecessary; and it is further,

ORDERED that the branches of the motion which are for leave to withdraw the brief filed by retained counsel and file a replacement brief are granted, and on or before July 2, 2012, the appellant shall serve and file the replacement brief; and it is further,

ORDERED that the application is granted and the respondent's time to serve and file a brief is enlarged until August 1, 2012, and the respondent's brief must be served and filed on or before that date.

SKELOS, J.P., FLORIO, LOTT and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court